2023-06-11 19:04:00
A case for claiming compensation for damages (2018 da 41986) similar to the amendment to the Labor Union and Labor Relations Adjustment Act (aka ‘Yellow Envelope Act’), in which the ruling and opposition parties are in confrontation in the National Assembly, will be sentenced on the 15th by the Supreme Court.
The Supreme Court ruling in this case, a dispute between Hyundai Motor Company and non-regular union members, comes before the legislative discussion in the National Assembly. The ‘Yellow Envelope Act’ aims to limit claims for damages against individual members of labor unions by companies damaged by illegal strikes.
The case was referred to the Supreme Court in November of last year, but a sentencing date (rejection) was set on the 9th. Sentenced at 11 a.m. on the 15th. Sometimes, cases that have been referred to the Supreme Court’s enactment body go back to the court after the Supreme Court judges’ opinions are collected, and there are cases where they are finalized.
The case was assigned to the 3rd Civil Division of the Supreme Court (Presiding Judge Noh Jeong-hee) in November 2018. The issues at issue are △ whether it is possible to individualize the limitation of liability in relation to the limitation of liability for damages due to industrial action by general union members, △ proof of the occurrence and scope of fixed cost damages due to business suspension, and △ limitation of liability for damages due to industrial action by general union members. : The principle of prohibition of abuse of rights and its application. A key issue is related to the issue of the Yellow Envelope Act.
Hyundai Motor Company said, “In July 2013, the Hyundai Motor Temporary Workers’ Branch of the National Metal Workers’ Union took over the 32-line crash pad installation process of Ulsan Plant 3, and the operation of the production line was stopped for 63 minutes, resulting in damages equivalent to the corresponding fixed costs. They claimed damages against the non-regular general union members who participated in the industrial action.
The first trial ruled against the plaintiff, but the second trial ruled in favor of part of the plaintiff.
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